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awards for moral and exemplary damages are eliminated, so must the award for attorney's fees.31

Considering that no evident bad faith could be attributed to defendant-appellant in refusing to surrender the car prior to the satisfaction of her plainly valid claim, compled with the fact that the RTC itself found plaintiff-appellee to be not entitled to moral and exemplary damages, the award of attorney's fees is clearly without basis and should perforce be deleted.

Wherefore, in view of the foregoing, the instant appeal is hereby PARTIALLY GRANTED. The March 23, 2001 Decision of the Regional Trial Court (RTC) of the City of Makati, Branch 60, is AFFIRMED with the MODIFICATION that the award of attorney's fees is deleted.

31 Philippine Long Distance Telephone Company, Inc. vs. Paguio, 472 SCRA 453, 462 (2005)

SO ORDERED.

Garcia and Ybañez, JJ., concur.

affirmed with modification. Appeal partially granted. Judgment

CERTIFICATION

Pursuant to Article VIII, of Section 13, of the Constitution, it is hereby certified that the conclusions in the above decision were reached in consultation before the case was assigned to the writer of the opinion of the

Court.

(SGD.) ROSALINDA ASUNCION-VICENTE Associate Justice

Chairman, Special Thirteenth Division

Acting Junior Member vice Justice Rodil V. Zalameda per Amended Office Order No. 12-10ABR dated January 13, 2010

MGA ALITUNTUNIN KAGAWARAN, KAWANIHAN AT TANGGAPAN AT MGA KAUTUSANG PAMPANGASIWAAN [DEPARTMENT, BUREAU AND OFFICE ADMINISTRATIVE ORDERS AND

REGULATIONS]

Career Executive Service Board

REPUBLIC OF THE PHILIPPINES

CAREER EXECUTIVE SERVICE BOARD
No. 3 Marcelino Street, Holy Spirit Dr.
Diliman, Quezon City 1127

Tel Nos. 951-4981 to 85 (Trunkline)
Fax 9513306

Website: www.cesboard.gov.ph

CLASSIFICATION AND INCLUSION IN THE CES OF ONE (1) EXECUTIVE POSITION IN TNE MINDANAO DEVELOPMENT AUTHORITY

RESOLUTION No. 1008

WHEREAS, CESB Resolution No. 799, s. 2009, defines the coverage of the CES and provides the following criteria for classifying executive or supervisory positions as CES positions:

1. The position is a career position;
2. The position is above Division Chief
level; and

3. The duties and responsibilities of the position require the performance of executive and managerial functions. WHEREAS, CESB Resolution No. 799, s. 2009 provides that, in addition to those expressly provided for by law, CES positions also cover all other managerial or executive positions, above division chief level in the government, including government-owned or controlled corporations with original charters;

WHEREAS, the Mindanao Development Authority (MinDA), through its Chairperson, Secretary Luwalhati R. Antonino, had submitted to this Office a copy of Republic Act No. No. 9996 (An Act Creating the Mindanao Development Authority, Defining its Powers and Functions, Providing Funds Therefore and for Other Purposes, dated February 17, 2010), and its DBM approved Organizational Structure and Staffing Pattern:

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WHEREAS, Secretary Antonino requested the Board to determine which positions are a classified as third level positions in the MinDA, in order for them to be guided in the filling up of positions particularly from Director III level and up.

WHEREAS, the MinDA was created by virtue of the enactment of Republic Act No. 9996, 17 February 2010, otherwise known as "An ACT CREATING THE MINDANAO DEVELOPMENT AUTHORITY (MinDA), DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES";

WHEREAS, RA 9996, particularly Section 7 thereof, it is provided that:

"The MinDA Chairperson shall be appointed by the President of the Philippines with a Cabinet rank and shall act as the Head of Office. He/ she shall serve a term of six (6) years from the date of his/her appointment unless removed for cause.***

The Chairperson shall have the following duties and functions:

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Provided, further, That he/she shall be a resident of Mindanao five (5) years prior to his/her appointment and has the requisite eligibilities for third level career service position pursuant to the career executive rank system;"

WHEREAS, it is clear from the provisions RA 9996, that the position of the MinDA Chairperson does not come within the coverage of the CES since tenure thereto is subject to a term;

WHEREAS, the result of the inventory and study of managerial positions in the MinDA shows that the position of the Executive Director falls within the coverage of the CES since it requires a Presidential appointment, the position is career, exercises managerial and executive functions and is above division chief level;

WHEREAS, in view of the ruling of the Supreme Court (SC) in the case of PCSO vs. CSC, G.R. No. 185766 23 November 2010 which pronounced that holders of positions which have been identified by the CESB as positions of equal rank must be Presidential appointees, it may be easily stated that the other managerial positions of the MinDA do not come within the purview of the coverage of the CES since appointment thereto are made by the Chairperson;

NOW, THEREFORE, foregoing premises considered, the Board RESOLVES, as it is hereby RESOLVED, to include the managerial position of Executive Director V in the Mindanao Development Authority (MinDA) as part of its Plantilla of CES positions:

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(Sgd.) FRANCISCO T. DUQUE III Vice Chairperson

(Sgd.) PROCESO T. DOMINGO Member

(Sgd.) SUSAN M. SOLO Member

(Sgd.) ANGELITO M. TWAÑO Member

Attested by:

absent

SUSAN D. VARGAS Member

(Sgd.) IMELDA B. GUANZON Board Secretary

ADOPTION OF A RAPID VALIDATION PROCESS (RVP) CHECKLIST REQUIRING

INFORMATION ON UNLIQUIDATED CASH
ADVANCE

OF

DISSALLOWANCE OF CANDIDATES FOR CONFERMENT OF CAREER EXECUTIVE SERVICE (CES) ELIGIBILITY

RESOLUTION No. 1010

meeting, instructed the Secretariat to study the possibility of making compulsory the requirement of money accountability clearance from the agency at least for the preceding year before an official may be conferred with CES eligibility;

WHEREAS, the Board, in its October 2011

WHEREAS, pursuant to the said instruction, the Board, in its December 2011 meeting, was presented with an agenda requiring a certification of no pending unliquidated cash advance for candidates to be conferred with CES eligibility.

WHEREAS, in the said meeting, the Board deemed that to ensure compliance with pertinent rules on the matter, it may be appropriate to include as a requirement for conferment of CES eligibility, the submission of a certification from the concerned agency head that candidate has no pending unliquidated cash advance, at least as of the year ending of the preceding last two

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(2) years at the time of conferment of CES eligibility;

WHEREAS, in its February 2012 meeting, the Board was presented with an agenda recommending the additional requirement for a certification of no pending unliquidated cash advance for candidates being conferred CES eligibility;

WHEREAS, the Secretariat, in said meeting, recommended the following; (a) that the requirement of a clearance will be more appropriate if it is issued by the Commission on Audit (COA) since the issue sought to be addressed by the proposed certification comes within the function and jurisdiction of COA; (b) that the position of COA be first sought since the issuance of a clearance with respect to cash advances will be considered an additional work on R the part of COA; and (c) that the proposed CAS additional requirement of a COA clearance be held in abeyance until the necessary COA concurrence on the matter is obtained, and that the Board agreed with the said recommendations;

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THE CLASSIFICATION OF GENERAL COUNSEL, GENERAL ACCOUNTANT AND COMMISSION SECRETARY POSITIONS IN THE SECURITIES EXCHANGE COMMISSION AS CES POSITIONS

RESOLUTION No. 1037

WHEREAS, Article IV Part II of the Integrated Reorganization Plan provides that the Board shall promulgate rules, standards and procedures on the selection, classification, compensation and career development of members of the Career Executive Service (CES);

WHEREAS, CESB Resolution No. 799, s. 2009, defines the coverage of the CES to wit: (a) the position is a career position; (b) the position is above Division Chief; and (c) the duties and responsibilities of the position require the performance of executive and managerial functions;

WHEREAS, CESB Resolution No. 945, s. 2011, has clarified the coverage of the CES and has limited the coverage of positions belonging to the CES to positions requiring Presidential appointments in harmony with the ruling of the Supreme Court in the case of PCSO vs. CSC, G.R. No. 185766 and G.R. No. 185767;

WHEREAS, the Securities and Exchange Commission (SEC) was created by the enactment of Commonwealth Act No. 83 ("An act to regulate the sale of securities, to create a Securities and Exchange Commission to enforce the provisions of the same, and to appropriate funds therefor")

on October 26, 1936, and later amended

by PD 902-A (SEC Reorganization Act); PD 1653; PD 1758 and RA 8799 (Securities Regulation Act, 19 July 2000);

WHEREAS, the SEC has requested the inclusion of its General Counsel, General Accountant and Commission Secretary in the SEC's Plantilla of Career Executive Service (CES) positions;

WHEREAS, the SEC's Charter does not provide for the appointing authority of said positions;

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WHEREAS, Article 7, Section 16 of the 1987 Constitution, explicitly states that "the President shall also appoint all other officers of of the the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts or in the heads of department, agencies, commissions, or boards ****

WHEREAS, Book 4, Chapter 10, Section 16 of the Administrative Code of 1987 further states that. "Directors and Assistant Directors of Bureaus, Regional and Assistant Regional Directors, Department Service Chiefs, and their Equivalents shall be appointed by the President in accordance with law, rules and regulations";

WHEREAS, the SEC's General Counsel, General Accountant and Commission Secretary were all appointed by the President;

WHEREAS, a study on the functions of the positions of General Counsel, General Accountant and Commission Secretary shows that they are performing executive and managerial functions and are above division chief level and that there is no provision in the SEC's Charter and in the Appointment Order that shows the positions are termed. Hence, the positions have complied with the criteria set in CESB Resolution No. 945 that determines the coverage of the CES;

considered, the Board RESOLVES, as it NOW, THEREFORE, foregoing premises hereby RESOLVED, to include three (3) executive/managerial positions at the SEC as part of the CES, as follows:

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